Fisheries of the Exclusive Economic Zone off Alaska; Cook Inlet; Proposed 2024 Harvest Specifications for Salmon
| Published date | 12 April 2024 |
| Record Number | 2024-07763 |
| Citation | 89 FR 25857 |
| Court | National Oceanic And Atmospheric Administration |
| Section | Proposed rules |
25857
Federal Register / Vol. 89, No. 72 / Friday, April 12, 2024 / Proposed Rules
attorneys, or other community members
with relevant expertise for appointment
to their respective governing bodies.
On April 2, 2024, the Committee
voted to recommend that the Board
authorize LSC to open rulemaking on
part 1607 and authorize publication of
this NPRM in the Federal Register for
notice and comment. On April 8, 2024,
the Board accepted the Committee’s
recommendation and voted to approve
publication of this NPRM.
List of Subjects in 45 CFR Part 1607
Grant program—law, Legal services.
For the reasons discussed in the
preamble, the Legal Services
Corporation proposes to amend 45 CFR
part 1607 as follows:
PART 1607—GOVERNING BODIES
■1. The authority citation for part 1607
is revised to read as follows:
Authority: 42 U.S.C. 2996g(e).
■2. Amend § 1607.3 by:
■a. Revising paragraph (b);
■b. Removing paragraphs (c) through
(e);
■c. Redesignating paragraphs (f)
through (h) as paragraphs (c) through
(e), respectively; and
■d. Revising newly redesignated
paragraph (e).
The revisions read as follows.
§ 1607.3 Composition.
* * * * *
(b) A recipient’s governing body must
be composed of:
(1) At least 33% attorneys.
(i) Attorney members may be selected
by the recipient’s governing body or
may be selected by other organizations
designated by the recipient which have
an interest in the delivery of legal
services to the poor.
(ii) Selections shall be made to ensure
that the attorney members reasonably
reflect the diversity of the legal
community and the population of the
areas served by the recipient, including
race, ethnicity, gender, and other similar
factors.
(2) At least one-third eligible client
members who are eligible client
members when initially selected by the
recipient.
(i) Recipients must solicit
recommendations for eligible client
members from a variety of appropriate
groups designated by the recipient that
may include, but are not limited to,
client and neighborhood associations
and community-based organizations
that advocate for or deliver services or
resources to the client community
served by the recipient.
(ii) Recipients should solicit
recommendations from groups in a
manner that reflects, to the extent
possible, the variety of interests within
the client community, and eligible
client members should be selected so
that they reasonably reflect the diversity
of the eligible client population served
by the recipient, including race, gender,
ethnicity, and other similar factors.
(3) Other members selected by the
recipients’ governing body or in another
manner described in the recipient’s
bylaws or policies. Recipients must
appoint or select members so that the
governing body as a whole reasonably
reflects the diversity of the areas served
by the recipient, including race,
ethnicity, gender, and other similar
factors.
(i) Recipients should consider
recruiting and selecting members
possessing fiscal or nonprofit
governance expertise or other skills
necessary to effectively govern the
recipient’s operations.
(ii) Members of a governing body shall
not be dominated by persons serving as
the representatives of a single
association, group or organization,
except that eligible client members may
be selected from client organizations
that are composed of coalitions of
numerous smaller or regionally based
client groups.
* * * * *
(e) Recipient staff may recommend
candidates for governing body
membership to its governing body and
other appointing groups and should
consult with the appointing
organizations to ensure that:
(1) Appointees meet the criteria for
board membership set out in this part,
including financial eligibility for
persons appointed as eligible clients,
bar admittance requirements for
attorney board members, and the
general requirements that all members
be supportive of the purposes of the Act
and have an interest in and knowledge
of the delivery of legal services to the
poor;
(2) The particular categories of board
membership and the board as a whole
meet the diversity requirements
described in paragraphs (b)(1)(ii),
(b)(2)(ii), and (b)(3)(ii) of this section;
(3) Appointees do not have actual and
significant individual or institutional
conflicts of interest with the recipient or
the recipient’s client community that
could reasonably be expected to
influence their ability to exercise
independent judgment as members of
the recipient’s governing body.
* * * * *
Dated: April 8, 2024.
Stefanie Davis,
Deputy General Counsel, Legal Services
Corporation.
[FR Doc. 2024–07762 Filed 4–11–24; 8:45 am]
BILLING CODE 7050–01–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 240404–0099; RTID 0648–
XD707]
Fisheries of the Exclusive Economic
Zone off Alaska; Cook Inlet; Proposed
2024 Harvest Specifications for
Salmon
AGENCY
: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION
: Proposed rule; harvest
specifications and request for
comments.
SUMMARY
: NMFS proposes 2024 harvest
specifications for the salmon fishery of
the Cook Inlet exclusive economic zone
(EEZ) Area. This action is necessary to
establish harvest limits for salmon
during the 2024 fishing year and to
accomplish the goals and objectives of
the Fishery Management Plan for
Salmon Fisheries in the EEZ off Alaska
(Salmon FMP). The intended effect of
this action is to conserve and manage
the salmon resources in Cook Inlet EEZ
Area in accordance with the Magnuson-
Stevens Fishery Conservation and
Management Act (Magnuson-Stevens
Act).
DATES
: Comments must be received by
May 13, 2024.
ADDRESSES
: A plain language summary
of this proposed rule is available at
https://www.regulations.gov/docket/
NOAA-NMFS-2024-0028. You may
submit comments on this document,
identified by NOAA–NMFS–2024–0028,
by any of the following methods:
•Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Visit
https://www.regulations.gov and type
NOAA–NMFS–2024–0028 in the Search
box. Click on the ‘‘Comment’’ icon,
complete the required fields, and enter
or attach your comments.
•Mail: Submit written comments to
Gretchen Harrington, Assistant Regional
Administrator, Sustainable Fisheries
Division, Alaska Region, NMFS. Mail
comments to P.O. Box 21668, Juneau,
AK 99802–1668.
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Instructions: Comments sent by any
other method, to any other address or
individual, or received after the end of
the comment period may not be
considered by NMFS. All comments
received are a part of the public record
and will generally be posted for public
viewing on https://www.regulations.gov
without change. All personal identifying
information (e.g., name, address, etc.),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender will
be publicly accessible. NMFS will
accept anonymous comments (enter ‘‘N/
A’’ in the required fields if you wish to
remain anonymous).
Electronic copies of the
Environmental Assessment (EA)/
Regulatory Impact Review/Social
Impact Review (collectively, the
Analysis) for proposed amendment 16
to the Salmon FMP are available from
https://www.regulations.gov or from the
NMFS Alaska Region website at https://
www.fisheries.noaa.gov/action/
amendment-16-fmp-salmon-fisheries-
alaska.
A preliminary version of the Stock
Assessment and Fishery Evaluation
(SAFE) was presented at the February
2024 North Pacific Fishery Management
Council (Council) meeting and is
available at https://meetings.npfmc.org/
CommentReview/DownloadFile?p=
776facb0-a186-460f-a689-9269c831da5a
.pdf&fileName=C3%20Cook%20Inlet%
20Salmon%20SAFE.pdf. NMFS
incorporated the recommendations of
the Council’s Scientific and Statistical
Committee (SSC) and published a draft
SAFE on the Alaska Region website at
https://www.fisheries.noaa.gov/alaska/
population-assessments/alaska-stock-
assessments. The final 2024 SAFE
report for Cook Inlet salmon will be
available from the same source.
FOR FURTHER INFORMATION CONTACT
:
Adam Zaleski, 907–586–7228,
adam.zaleski@noaa.gov.
SUPPLEMENTARY INFORMATION
: NMFS
prepared the Salmon FMP under the
authority of the Magnuson-Stevens Act
(16 U.S.C. 1801 et seq.). Regulations
governing U.S. fisheries and
implementing the Salmon FMP appear
at 50 CFR parts 600 and 679 and as
proposed for the Cook Inlet EEZ Area
salmon fishery will also appear at 50
CFR part 679.
The proposed harvest specifications
include catch limits that NMFS could
implement—subject to further
consideration after public comment—
assuming the Secretary of Commerce
(Secretary) approves amendment 16 to
the Salmon FMP and adopts
implementing regulations. NMFS is
required under a court order to
implement regulations for the Cook Inlet
EEZ Area salmon fishery by May 1,
2024. If approved, amendment 16 and
implementing regulations would
incorporate the Cook Inlet EEZ Area
into the FMP and would establish
Federal fishery management for all
salmon fishing that occurs in the Cook
Inlet EEZ, which includes commercial
drift gillnet and recreational fishing
sectors, consistent with that court order.
The notice of availability and proposed
rule that would implement amendment
16 to the Salmon FMP (Amendment 16
Proposed Rule) are available at 88 FR
72314 (October 19, 2023, comment
period closed December 18, 2023). As
proposed, amendment 16 and
implementing regulations would
include as management measures the
specification of harvest limits and the
annual specifications process for five
species of salmon.
Though NMFS may make some
changes from the Amendment 16
Proposed Rule after considering public
comments, NMFS assumes the harvest
specification process will proceed as
described in the proposed amendment
16 and Amendment 16 Proposed Rule
for the purpose of these proposed
harvest specifications. These proposed
harvest specifications follow the process
and substance of proposed amendment
16 and implementing regulations.
NMFS will publish final harvest
specifications only if and after the
Secretary approves amendment 16 and
NMFS publishes a final rule
implementing amendment 16.
The final harvest specifications will
take effect only after publication of a
final rule for the instant action. NMFS
would publish the final 2024 harvest
specifications after: (1) considering
comments received within the comment
period (see
DATES
); (2) considering
information presented in the draft EA
(see
ADDRESSES
); and (3) considering
information presented in the final 2024
SAFE report prepared for the 2024 Cook
Inlet EEZ Area salmon fisheries (see 50
CFR 679.118(b)(2) of the Amendment 16
Proposed Rule at 88 FR 72314).
Proposed Overfishing Levels (OFL),
Acceptable Biological Catch (ABC), and
Total Allowable Catch (TAC)
Specifications
NMFS compiled and presented the
preliminary draft 2024 SAFE report for
the Cook Inlet EEZ Area salmon stocks
and stock complexes, dated February
2024 (see
ADDRESSES
) at the February
North Pacific Fishery Management
Council (Council) meeting. The SAFE
report contains a review of the latest
scientific analyses and estimates of
biological parameters for five salmon
species. Because harvest specifications
must be in place before the fishery
begins, the SAFE report relies on
forecasts of the coming year’s salmon
runs. If amendment 16 is approved as
proposed, and the Amendment 16
Proposed Rule is implemented through
a subsequent final rulemaking, NMFS
would use the Alaska Department of
Fish and Game (ADF&G) pre-season
salmon forecasts (subject to NMFS and
SSC review) or develop suitable
alternate forecasts. Status determination
criteria and harvest specifications
would be calculated in terms of
potential yield for the Cook Inlet EEZ
Area. The potential yield is the total
forecasted run size minus the number of
salmon required to achieve spawning
escapement targets and the estimated
mortality from other sources including
in other fisheries. If no forecasts are
available, NMFS would use fishery
catch from prior years to inform harvest
specifications. For the draft 2024 SAFE
report, NMFS developed suitable
alternative forecasts based on historical
data for some stocks and used fishery
catch in prior years for other stocks and
stock complexes.
If amendment 16 is approved as
proposed, and the Amendment 16
Proposed Rule is implemented through
a subsequent final rulemaking, the
Salmon FMP would specify the tiers to
be used to calculate OFLs and ABCs.
The tiers applicable to a particular stock
or stock complex would be determined
by the level of reliable information
available. This information would be
categorized into a successive series of
three tiers to define OFLs and ABCs,
with tier 1 representing the highest level
of information quality available and tier
3 representing the lowest level of
information quality available. NMFS
used the proposed FMP tier structure to
calculate OFLs and ABCs for each
salmon stock or stock complex (a stock
complex is an aggregate of multiple
stocks of a species).
If the Amendment 16 Proposed Rule
is implemented through a subsequent
final rulemaking for the Cook Inlet EEZ
Area salmon fishery, NMFS, after
consultation with the Council, would
specify the annual TAC amounts for
commercial fishing for each salmon
species after accounting for projected
recreational fishing removals (see
§ 679.118(a) as proposed at 88 FR
72314). The SSC, Advisory Panel (AP),
and Council reviewed NMFS’s
preliminary 2024 SAFE report for the
Cook Inlet EEZ Area salmon fishery in
February 2024. From these data and
analyses, the SSC recommended an OFL
and ABC for each salmon stock and
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stock complex. The SSC further
recommended changing the buffers that
reduce the OFL for aggregate Chinook,
aggregate pink, and aggregate chum
salmon to be sufficiently precautionary.
The SSC made recommendations
regarding OFLs and ABCs and the AP
recommended TACs, but after NMFS’s
consultation with the Council, the
Council took no action to recommend
Cook Inlet EEZ Area salmon harvest
specifications. NMFS is therefore
proposing the OFL and ABC
recommended by the SSC and TACs
consistent with the SSC’s fishing level
recommendations and that account for
the significant management uncertainty
associated with this new fishery. In
making its motion at the February
Council meeting, NMFS discussed the
sources of scientific and management
uncertainty in detail.
Following the February SSC and
Council meeting, NMFS updated the
2024 SAFE report to include SSC
recommendations (see
ADDRESSES
). The
proposed specifications are based on
this draft 2024 SAFE report, which
represents the best scientific
information available on the biological
condition of salmon stocks in Cook Inlet
and other social and economic
considerations.
If implementing regulations are
adopted as proposed for the Cook Inlet
EEZ Area salmon fishery, NMFS would
be required to publish and solicit public
comment on proposed annual TACs as
soon as practicable after consultation
with the Council (see § 679.118(b)(1) of
the Amendment 16 Proposed Rule at 88
FR 72314), and the proposed harvest
specifications in table 1 of this rule
satisfy these proposed requirements.
The recommended specifications of
OFL, ABC, and TAC would prevent
overfishing consistent with National
Standard 1. ABC would be less than or
equal to the OFL for each stock or stock
complex. TACs would be established for
species rather than stocks or stock
complexes because it is not possible to
differentiate among stocks of the same
species through catch accounting
inseason. TACs for each species would
be set less than the aggregate ABC for
each component stock and stock
complex, and these TACs account for
the assumed contribution of each stock
or stock complex to total catch to ensure
ABC is not exceeded for any stock or
stock complex.
If implementing regulations are
adopted as proposed for the Cook Inlet
EEZ Area salmon fishery, NMFS will
publish the final 2024 harvest
specifications after: (1) considering
comments received within the comment
period (see
DATES
); (2) considering
information presented in the draft EA
(see
ADDRESSES
); and (3) considering
information presented in the final 2024
SAFE report prepared for the 2024 Cook
Inlet EEZ Area salmon fisheries (see
§ 679.118(b)(2) of the Amendment 16
Proposed Rule at 88 FR 72314).
The proposed 2024 OFLs, ABCs, and
TACs are based on the best scientific
information available. The proposed
2024 TACs are less than the aggregate
ABCs for each species and the proposed
2024 ABCs are less than the OFLs for all
salmon stocks or stock complexes listed
in table 1. These amounts are consistent
with the biological condition of the
salmon stocks as described in the draft
2024 SAFE report. The SAFE report was
subject to peer review by the SSC,
which recommended ABCs that NMFS
proposes in table 1, consistent with
§§ 600.310(f)(3) and 600.315(c) through
(d). The proposed TACs are adjusted to
account for other relevant biological and
social and economic considerations
presented in the resource assessment
documents (i.e., the 2024 SAFE report)
(see § 679.118(a)(2) of the Amendment
16 Proposed Rule at 88 FR 72314),
including to account for management
uncertainty for this new fishery, the
estimated contribution of each stock or
stock complex to total catch of a species,
and to prevent catch in the Cook Inlet
EEZ Area from exceeding the ABC for
any stock or stock complex. These
proposed OFLs, ABCs, and TACs are
subject to change pending consideration
of the final 2024 SAFE report and public
comment.
T
ABLE
1—P
ROPOSED
2024 C
OOK
I
NLET
EEZ A
REA
S
ALMON
OFL, ABC,
AND
TAC
IN
N
UMBERS OF
F
ISH
Stock OFL ABC TAC
Kenai River Late-Run sockeye salmon ....................................................................................... 902,000 431,100 492,100
Kasilof River sockeye salmon ..................................................................................................... 541,100 375,500
Aggregate Other sockeye salmon ............................................................................................... 887,500 177,500
Aggregate Chinook salmon ......................................................................................................... 2,700 270 240
Aggregate coho salmon ............................................................................................................... 357,700 35,800 25,000
Aggregate chum salmon .............................................................................................................. 441,700 110,400 99,400
Aggregate pink salmon ................................................................................................................ 270,400 135,200 121,700
Total ...................................................................................................................................... 3,403,100 1,265,770 738,440
Classification
NMFS is issuing this rulemaking
pursuant to section 305(d) of the
Magnuson-Stevens Act. The NMFS
Assistant Administrator has determined
that this proposed rule is consistent
with the Magnuson-Stevens Act, the
Salmon FMP, the proposed amendment
16 and the Amendment 16 Proposed
Rule, and other applicable law, subject
to further consideration after public
comment.
This action is exempt from review
under Executive Order 12866 because it
only implements annual catch limits for
the Cook Inlet EEZ Area salmon fishery.
NMFS prepared a draft EA for
amendment 16 to the Salmon FMP,
which included analysis of the Cook
Inlet EEZ Area salmon harvest
specifications process and expected
harvest levels (see
ADDRESSES
) and
made it available to the public on
October 19, 2023 (see the Amendment
16 Proposed Rule at 88 FR 72314). The
draft EA analyzes the environmental,
social, and economic consequences of
the proposed salmon harvest
specifications on resources in the action
area. NMFS will publish a final rule that
implements amendment 16 that
considers the public comments received
during the comment period for the
Amendment 16 Proposed Rule (if
consistent with the Magnuson-Stevens
Act, the Salmon FMP, and other
applicable law) and a final EA and
finding of no significant impact (if
consistent with the National
Environmental Policy Act and
implementing regulations, prior to the
publication of the final harvest
specifications).
Initial Regulatory Flexibility Analysis
This Initial Regulatory Flexibility
Analysis (IRFA) was prepared for this
proposed rule, as required by section
603 of the Regulatory Flexibility Act
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(RFA) (5 U.S.C. 603), to describe the
economic impact that this proposed
rule, if adopted, would have on small
entities. The IRFA: (1) describes the
action; (2) the reasons why this
proposed rule is proposed; (3) the
objectives and legal basis for this
proposed rule; (4) the estimated number
and description of directly regulated
small entities to which this proposed
rule would apply; (5) the recordkeeping,
reporting, and other compliance
requirements of this proposed rule; and
(6) the relevant Federal rules that may
duplicate, overlap, or conflict with this
proposed rule. The IRFA also describes
significant alternatives to this proposed
rule that would accomplish the stated
objectives of the Magnuson-Stevens Act,
and any other applicable statutes, and
that would minimize any significant
economic impact of this proposed rule
on small entities. The description of the
proposed action, its purpose, and the
legal basis are explained earlier in the
preamble and are not repeated here.
For RFA purposes only, NMFS has
established a small business size
standard for businesses, including their
affiliates, whose primary industry is
commercial fishing (see 50 CFR 200.2).
A business primarily engaged in
commercial fishing (North American
Industry Classification System (NAICS)
code 11411) is classified as a small
business if it is independently owned
and operated, is not dominant in its
field of operation (including its
affiliates) and has combined annual
gross receipts not in excess of 11 million
dollars for all its affiliated operations
worldwide. In addition, the Small
Business Administration has established
a small business size standard
applicable to charter fishing vessels
(NAICS code 713990) of 9 million
dollars.
Number and Description of Small
Entities Regulated by This Proposed
Rule
This proposed rule would directly
regulate commercial salmon fishing
vessels that operate in the Cook Inlet
EEZ Area, and charter guides and
charter businesses fishing for salmon in
the Cook Inlet EEZ Area. Because NMFS
expects the State to maintain current
requirements for commercial salmon
fishing vessels landing any salmon in
upper Cook Inlet to hold a Commercial
Fisheries Entry Commission (CFEC)
S03H permit, NMFS does not expect
participation from non-S03H permit
holders in the federally managed
salmon fishery in the Cook Inlet EEZ
Area. Therefore, the number of S03H
permit holders represents the maximum
number of directly regulated entities for
the commercial salmon fishery in the
Cook Inlet EEZ Area. From 2018 to
2022, there was an average of 567 S03H
permits in circulation, with an average
of 325 active permit holders, all of
which are considered small entities
based on the 11 million dollar
threshold. The evaluation of the number
of directly regulated small entities and
their revenue was conducted via custom
query by staff of the Alaska Fish
Information Network utilizing both
ADF&G and Fish Ticket revenue data
and the Alaska CFEC permits database.
Similarly, the Analysis prepared for
amendment 16 provides the most recent
tabulation of commercial charter vessels
that could potentially fish for salmon
within the Cook Inlet EEZ Area (see
ADDRESSES
).
The commercial fishing entities
directly regulated by the salmon harvest
specifications are the entities operating
vessels with Salmon Federal fisheries
permits (SFFPs) catching salmon in
Federal waters. For purposes of this
analysis, NMFS assumes that the
number of small entities with SFFPs
that are directly regulated by the salmon
harvest specifications is the average
number of S03H permits in circulation
(567 permits). This may be an
overstatement of the number of directly-
regulated small entities since some
entities may hold more than one permit.
The commercial charter fishing
entities directly regulated by the salmon
harvest specifications are the entities
that hold commercial charter licenses
and that choose to fish for salmon in the
Cook Inlet EEZ Area where these
harvest specification will apply. Salmon
charter operators are required to register
with the State of Alaska annually and
the numbers of registered charter
operators in the Cook Inlet area varies.
Available data indicates that from 2015
to present the total number of directly
regulated charter vessel small entities
that have participated in the Cook Inlet
EEZ Area has been as high as 91.
However, from 2019 to 2021, there was
an average of 58 charter guides that
fished for salmon at least once in the
Cook Inlet EEZ Area. All of these
entities, if they choose to fish in the
Cook Inlet EEZ Area, are directly
regulated by this action and all are
considered small entities based on the 9
million dollar threshold.
Description of Significant Alternatives
That Minimize Adverse Impacts on
Small Entities
The action under consideration is the
proposed 2024 harvest specifications for
the Cook Inlet EEZ Area salmon fishery.
The TAC may be set conservatively to
reduce the risk of overfishing without
the benefit of inseason harvest data but
is likely to remain near existing levels.
As is possible under the status quo
management by the State of Alaska,
salmon harvest in the EEZ could be
reduced or prohibited in years when a
harvestable surplus is not certain, with
an appropriate buffer to account for
scientific and management uncertainty.
This action is necessary to establish
harvest limits for Cook Inlet salmon
harvested within the EEZ during the
2024 fishing years and is taken in
accordance with the Salmon FMP
pursuant to the Magnuson-Stevens Act.
If amendment 16 is approved, and
NMFS publishes a final rule that
implements the regulations as proposed
in the Amendment 16 Proposed Rule,
the establishment of the proposed
harvest specifications would be
governed by the process for determining
harvest levels for salmon in the Cook
Inlet EEZ Area in the FMP. Under this
process, harvest specifications typically
would be made annually for specifying
OFL, ABC, and TAC. This includes
identifying the stocks and stock
complexes for which specifications are
made. Salmon stocks or stock
complexes may be split or combined for
purposes of establishing a new harvest
specification unit if such action is
desirable based on the commercial
importance of a stock or stock complex
or if sufficient biological information is
available to manage a stock or stock
complex as a single unit. Those stocks
and stock complexes also would be
separated into three tiers based on the
level of information available for each
stock and stock complex, and the
corresponding tier is used to calculating
OFL and ABC.
For each stock and stock complex,
NMFS would each year establish
harvest specifications prior to the
commercial salmon fishing season. To
inform the harvest specifications, NMFS
would prepare the annual SAFE report,
based on the best available scientific
information at the time it is prepared,
for review by the SSC, AP, and the
Council. The SAFE report would
provide information needed for (1)
determining annual harvest
specifications; (2) documenting
significant trends or changes in the
stocks, marine ecosystem, and fisheries
over time; and (3) assessing the
performance of existing State and
Federal fishery management programs.
The SAFE report would provide a
summary of the most recent biological
condition of the salmon stocks,
including all reference points, and the
social and economic condition of the
fishing and processing industries.
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For the proposed 2024 salmon
specifications, NMFS prepared the draft
SAFE and consulted with the Council
consistent with the proposed
amendment 16 and the Amendment 16
Proposed Rule. The proposed TACs are
based on the draft SAFE, which
represents the best scientific
information currently available, for the
stock and stock complexes identified by
NMFS. The SSC reviewed the stock
structure and associated tiers for each
stock and stock complex. In February
2024, NMFS consulted with the Council
but the Council ultimately did not
recommend any harvest specifications.
However, the SSC recommended OFLs
and ABCs. NMFS is publishing the
proposed OFLs, ABCs, and TACs as
informed by the recommendations of
the SSC and the consultation with the
Council. The proposed TACs are
therefore consistent with the proposed
process for determining harvest levels
for salmon in the Cook Inlet EEZ Area.
The OFLs and ABCs are based on
recommendations prepared by NMFS in
January 2024 and reviewed by the
Council’s SSC in February 2024. The
proposed 2024 OFLs and ABCs are
based on the best available biological
science and revised analyses to
calculate stock abundance. The
proposed 2024 OFLs, ABCs, and TACs
are consistent with the biological
condition of the salmon stocks as
described in the draft 2024 SAFE report,
which is the most recent SAFE report.
Under this action, the proposed ABCs
reflect harvest amounts that are less
than the specified OFLs. The TACs
proposed by NMFS do not exceed the
biological limits (i.e., the ABCs and
OFLs) recommended by the SSC. The
proposed TACs are adjusted to account
for other social and economic
considerations consistent with Salmon
FMP goals for the Cook Inlet EEZ Area
and proposed implementing regulations
that annual TAC determinations would
be made based on social and economic
considerations, including the need to
promote efficiency in the utilization of
fishery resources (e.g., minimizing costs;
the desire to conserve, protect, and
rebuild depleted salmon stocks; the
importance of a salmon fishery to
harvesters, processors, local
communities, and other salmon users in
Cook Inlet; and the need to promote
utilization of certain species) (see
§ 679.118(a)(2)(ii) of the Amendment 16
Proposed Rule at 88 FR 72314). The
proposed TACs are less than the ABCs
to more comprehensively address
management uncertainty and associated
conservation concerns, as well as social,
economic, and ecological
considerations.
This action is economically beneficial
to entities operating in the Cook Inlet
EEZ Area salmon fishery, including
small entities. The action proposes
TACs for commercially-valuable salmon
and salmon stocks and would allow for
the prosecution of the salmon fishery in
the Cook Inlet EEZ Area, thereby
creating the opportunity for fishery
revenue. The TACs proposed by NMFS
for each commercially-valuable salmon
stock or stock complex, except for
aggregate coho, are higher than the
recent ten-year average catch estimated
to have been harvested in the Cook Inlet
EEZ Area, which may help to reduce
foregone yield and allow for additional
harvest opportunity.
Based upon the best scientific
information available and in
consideration of the objectives for this
proposed action, it appears that there
are no significant alternatives to this
proposed rule for salmon harvest
specifications that have the potential to
comply with applicable court rulings,
accomplish the stated objectives of the
Magnuson-Stevens Act or any other
statutes, and minimize any significant
adverse economic impact of the action
on small entities while preventing
overfishing. After public process during
which the Council solicited input from
stakeholders and after consultation with
the Council, NMFS proposes TACs that
NMFS has determined would best
accomplish the stated objectives
articulated in the preamble for this
proposed rule, and in applicable
statutes, and would minimize to the
extent practicable adverse economic
impacts on the universe of directly
regulated small entities.
This action does not modify
recordkeeping or reporting requirements
or duplicate, overlap, or conflict with
any Federal rules.
This proposed rule contains no
information collection requirements
under the Paperwork Reduction Act of
1995.
Authority: 16 U.S.C. 773 et seq.; 16 U.S.C.
1540(f); 16 U.S.C. 1801 et seq.; 16 U.S.C.
3631 et seq.; Pub. L. 105–277; Pub. L. 106–
31; Pub. L. 106–554; Pub. L. 108–199; Pub.
L. 108–447; Pub. L. 109–241; Pub. L. 109–
479.
Dated: April 8, 2024.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2024–07763 Filed 4–11–24; 8:45 am]
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